Rule2023-11824
Drawbridge Operation Regulation; Chicago River, Chicago, IL
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 2, 2023
Effective
June 1, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is temporarily modifying the operating schedule that governs the Dearborn Street Bridge, mile 1.13, over the Main Branch of the Chicago River at Chicago, Illinois. During this maintenance period, the bridge need only operate one leaf while the other leaf remains secured to masted navigation. Vessels able to pass under the bridge without an opening may do so at any time.
Full Text
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<title>Federal Register, Volume 88 Issue 106 (Friday, June 2, 2023)</title>
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[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36241-36243]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11824]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2022-0989]
RIN 1625-AA09
Drawbridge Operation Regulation; Chicago River, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the Dearborn Street Bridge, mile 1.13, over the
Main Branch of the Chicago River at Chicago, Illinois. During this
maintenance period, the bridge need only operate one leaf while the
other leaf remains secured to masted navigation. Vessels able to pass
under the bridge without an opening may do so at any time.
DATES: This temporary final rule is effective from noon on June 1,
2023, through noon on November 1, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type USCG-
2022-0035 in the ``SEARCH'' box and click ``SEARCH.'' In the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email: Mr. Lee D. Soule, Bridge
Management Specialist, Ninth Coast Guard District; telephone 216-902-
6085, email <a href="/cdn-cgi/l/email-protection#175b72723953394478627b725762647470397a7e7b"><span class="__cf_email__" data-cfemail="7d3118185339532e120811183d080e1e1a53101411">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD 85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD 85
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On April 12, 2023, the Coast Guard published a notice of proposed
rulemaking in the Federal Register (88 FR 21938) entitled Drawbridge
Operation Regulation; Chicago River, Chicago, IL. There we stated why
we issued the NPRM and invited comments on our proposed regulatory
action related to this maintenance period. During the comment period
that ended on May 12, 2023, we did not receive any comments. The
vessels traveling the Chicago River that require two leaf operations
have the option to detour through the Calumet River and arrive at the
same destination.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Dearborn Street Bridge, mile 1.13, spans the Main Branch of the
Chicago River at Chicago, Illinois. The Dearborn Street Bridge, mile
1.13, provides a horizontal clearance of 200 feet and a vertical
clearance of 22 feet above LWD. The bridges of Chicago are historic and
all of them are over 100 years old and require frequent maintenance and
repairs that occur with little warning. Typically, these repairs must
be attended to immediately to protect the health and welfare of
pedestrians crossing the bridges each day. The current bridge
regulations for the Chicago River are contained in 33 CFR 117.391 and
allows the bridges to open on signal if a 12-hour advance notice is
provided by commercial vessels and a 20-hour advance notice by
recreational vessel during posted times. The Chicago River bridges
operate infrequently as almost all vessels can pass through the bridges
without an opening. The exceptions are recreational sailing vessels
that pass the bridge in City of Chicago sponsored flotillas twice a
year that can pass safely with one leaf open. Commercial vessels
transits that require both bridge leaves to open are rare, occurring
less than once a month on
[[Page 36242]]
average. All vessels have the opportunity to detour through the Calumet
River.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because action is needed by June 1,
2023 so that bridge maintenance can be conducted.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published on
Aril 12, 2023. There are no changes in the regulatory text of this rule
from the proposed rule in the NPRM .
This rule establishes a temporary change to the operation of the
Dearborn Street Bridge, mile 1.13, over the Main Branch of the Chicago
River at Chicago, Illinois. During the period from noon on June 1,
2023, through noon on November 1, 2023, the Dearborn Street Bridge,
mile 1.13, need only operate one leaf for the passage of vessels, while
the other leaf is secured to masted navigation for maintenance. The
effect of not performing the maintenance would be to deny the bridge to
an estimated 10,000 persons commuting to work daily if repairs and
required maintenance are not started in a timely manner.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it has
not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge through one leaf and that most
vessels can pass under the bridge without an opening.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
[[Page 36243]]
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 00170.1, Revision No. 01.3.
0
2. In Sec. 117.391, effective June 1, 2023, through noon on November
1, 2023, temporarily add paragraph (f) to read as follows:
* * * * *
(f) The Dearborn Street Bridge, mile 1.13, need only operate one
leaf for the passage of vessels, while the other leaf is secured to
masted navigation for maintenance.
Dated: May 30, 2023.
E.J. Doucette,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard
District.
[FR Doc. 2023-11824 Filed 5-31-23; 4:15 pm]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 2, 2023.
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